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BRANSON v. MIRACLE

No. 16149.

729 P.2d 408 (1986)

111 Idaho 933

In the Matter of the General Determination of the Right to Use of Surface and Ground Water of the Payette River Drainage Basin. James D. BRANSON and Martha Branson, Appellants, v. Gorman MIRACLE, Respondent.

Court of Appeals of Idaho.

November 26, 1986.

Attorney(s) appearing for the Case

Claude V. Marcus, Boise, for appellants.

Lloyd J. Walker, Twin Falls, for respondent.

WALTERS, Chief Judge.

This case involves an alleged prescriptive easement to maintain a water pipeline and its appurtenances. It is a sequel to a decision reported at 107 Idaho 221, 687 P.2d 1348 (1984), hereinafter referred to as "Branson I." In Branson I our Supreme Court affirmed Gorman Miracle's right to water flowing from a tunnel on James and Martha Bransons' mining claim. The Court...

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